I had a brief but interesting conversation with a couple of colleagues recently. The topic was so-called “no action” clauses in liability insurance policies. “No action” clauses try to create a “get out of jail free” card for the carrier, at least temporarily. A typical one reads: “You agree not to bring any action against
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Griggs and the Recalcitrant Carrier
By Gene Killian on
Back in the halcyon days of insurance coverage litigation (before many defense-oriented judges began to view themselves as Guardians at the Gate of the Insurance Industry), New Jersey courts would occasionally hand down landmark decisions to protect the policy-buying public from sharp practices by carriers. One of those decisions was Griggs v. Bertram, 88…
Update on COVID-19 Business Interruption Claims
By Gene Killian on
Posted in Business Interruption, Coronavirus
Very early on, our firm decided not to get involved in the COVID-19 business interruption coverage wars. Our reasons were simple.
First, we knew that the insurance industry would treat these claims as a threat to their very existence (or at least would say that to judges in an effort to dodge coverage). Therefore, the…
The sad state of the duty to defend in New Jersey
By Gene Killian on
Posted in Additional Insured, Duty to defend
I seriously don’t know why so many judges have seem to have such a difficult time applying insurance law. Don’t tell anyone, or coverage lawyers like me may have to reduce our hourly rates, but the whole body of insurance law really comes down to Four Simple Rules:
- Coverage provisions are supposed to be given
…
Are fraud claims covered by insurance?
By Gene Killian on
If you were born and raised in New Jersey like me, you’ve heard your share of New Jersey jokes from interlopers who think the entire state looks like the Turnpike near Newark Airport. (“What exit?” How wonderfully clever.) My response to these jokes is two-fold. First, trust me on this, we don’t like you, either.…
When Insurance Companies Won’t Settle
By Gene Killian on
I’ve been representing policyholders in insurance coverage litigation for 35 years, and I’m convinced that I’ll never understand the logic of insurance company claim departments. They settle cases that I think they might want to fight, and they fight cases tooth-and-nail that I think they really should settle. (Maybe it’s me.)
The carrier’s claim file…
Insurance policy notice provisions, and a mistake by a Supreme Court nominee
By Gene Killian on
I hesitated to write this blog post, which is intended to be nonpolitical. We’re currently in the middle of an exceedingly nasty election season, and any topic that even remotely touches on politics is likely to lead to online mayhem. But I was intrigued by the confirmation hearings I watched yesterday for President Trump’s Supreme…
Fighting the Delay, Deny, Defend games that insurance companies play
By Gene Killian on
We have a coverage case in the office that’s 15 years old, with no end in sight. The amazing thing is, it’s not even a particularly complicated case. I don’t want to go into too much detail or give the names of the parties, because the matter is still pending. But even if we eventually…
Frozen pizza, the sistership exclusion, and an insurance company’s duty to defend
By Gene Killian on
My maternal grandfather, Pasquale Cupito, was a legend. I have far too many stories to list here, but one of them involves a giant garbage can lid that he used as a cooking utensil. See, he could make a mean homemade pizza, but there was never enough to keep everyone satisfied. One day he concluded…
The professional negligence of insurance brokers
By Gene Killian on
Posted in Brokers and agents, Errors and Omissions
I promise not to discuss COVID-19 in detail in this post. The recent deluge of hot legal takes about the pandemic may be making a lot of people sicker than the virus itself. So, let’s talk about a different, earlier disaster.
Believe it or not, eight years after the winds of Hurricane Sandy struck New…